Legal Issues Of Cybersquatting Behavior

With the development of e-commerce, Internet domain name as a part of the electronic address, has become a new commercial logo which is different form trademark, trade name. Through a comprehensive and integrated analysis, this paper make a deep discusstion on the problem of cybersquatting dispute. On basis of introducing foreign and domestic laws and regulations, and summarizing the advantages and disadvantages of all parties, this paper analyed the disadvantages of regulation of domain cybersquatting, and make some uesful resolution which is suitable for China.This paper is divided into four parts, the first part mainly introduces the basic attribute domain name and cyber-squatting conducts; The second part will analyze foreign organizations and related states'the domain name protection law regulation and development tendency; The third part will deeply introduce and analysis the condition of domain name cybersquatting; The fourth part puts forward suggestion to perfect our country's legal adjustment mechanism.Disputes arising from the conflicts between the domain name and existing intellectual property, has attached great attention from World Intellectual Property Organization, which has actively involved in resolving such disputes. Therefore, including the domain name in the object of intellectual property protection area is scientific and reasonable, which is in line with progress in social development and legal trends. The Internet is borderless, domain name protection is also required international cooperation. Therefore, in the near future, formulate the domain name protection law with international standards is imperative. But, formulate a new legislation needs specialist's studies, which has its own links and necessary procedures. Problems to be solved right now including:creating the retrieval mechanism of well-known trademark domain name; limiting the "registrating but no use" domain name; making Public notice of registered domain names; improving the retention mechanism of public interest, as well as improving the resolution mechanism of civil domain name disputes. In order to save judicial resources, and to resolve disputes more quickly and effectively, it should be encouraged to settle disputes and reduce settlement through consultation, mediation, arbitration.